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Ohio's high court dismisses media lawsuit over bodycam video
Lawyer News |
2016/12/21 14:00
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The Ohio Supreme Court dismissed a public information lawsuit Tuesday without ruling on its argument that video from police body cameras are public record and should be released on request.
In not taking up the issue, the court noted that the video had already been released — two days after news organizations requested the footage in the July 19, 2015, traffic stop and fatal shooting of a black motorist by a white University of Cincinnati officer.
News organizations including The Associated Press sued Hamilton County Prosecutor Joe Deters last year when he initially refused to release the police bodycam video. Deters released the material after the officer was indicted on charges including murder.
In Tuesday's ruling, Justice Judith Ann Lanzinger wrote that the prosecutor was entitled to review the video first to determine whether any information had to be redacted; she noted that Deters produced the footage six days after he received it.
"We conclude that he responded in a reasonable period of time," she said.
Deters said he was pleased with the decision, saying "it lets the prosecutor do his job to investigate cases before material is released to the media potentially jeopardizing future prosecution."
Attorney Jack Greiner, representing the media groups, called it a narrow decision with little precedent-setting value. He noted it doesn't affect a Dec. 6 ruling by the state Supreme Court that said video footage from police cruiser dash cameras is public record that, with some exceptions, should be promptly released upon request.
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Ohio sheriff accused of drug theft changing not guilty plea
Lawyer News |
2016/11/21 10:33
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A suspended sheriff in Ohio who has denied stealing prescription drugs and misusing office funds is due in court to change his not guilty plea.
Sandusky County Sheriff Kyle Overmyer is scheduled to attend a change of plea hearing Monday in Fremont.
Overmyer had pleaded not guilty in August to six felony charges in a 43-count indictment.
The two-term sheriff was charged with stealing medications drug disposal drop boxes, deceiving doctors into giving him painkillers and misusing department funds.
A judge recently sent him back to jail after deciding he violated terms of his bond by contacting potential witnesses.
Overmyer has said the investigation was politically motivated. He was suspended but kept his sheriff's title. He lost his re-election bid about two weeks ago.
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Justice Thomas: Honor Scalia by reining in government
Lawyer News |
2016/11/17 10:33
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Supreme Court Justice Clarence Thomas is calling fellow conservatives to continue the work of the late Justice Antonin Scalia to keep the power of the courts and other branches of government in check.
Thomas tells 1,700 people at a dinner in honor of Scalia that the Supreme Court has too often granted rights to people that are not found in the Constitution. He cited the decision in 2015 that made same-sex marriage legal across the country.
Thomas said he and his longtime friend and colleague formed an "odd couple" of a white New Yorker and a black man from Georgia.
He paraphrased Lincoln's Gettysburg address to exhort the audience to "be dedicated to the unfinished business for which Justice Scalia gave his last full measure of devotion."
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Dutch court: Wilders hate speech trial will go ahead
Lawyer News |
2016/11/03 15:49
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A Dutch court on Friday rejected an appeal by firebrand anti-Islam lawmaker Geert Wilders to throw out his hate speech prosecution before it goes to trial this month.
"Prosecuted for what millions of people believe," Wilders tweeted in his first reaction to the decision. Wilders and his lawyers have branded his prosecution a political witch hunt and did not attend the brief hearing at The Hague District Court.
Clearing the trial to start on Oct. 31, Presiding Judge Hendrik Steenhuis said the court "rejects the defense's objections."
The case against Wilders, who was previously acquitted in 2011 of insulting Islam, centers on comments made before and after Dutch local elections in 2014. At one party meeting he asked supporters whether they wanted more or fewer Moroccans in the Netherlands, drawing them into the chant of "Fewer! Fewer! Fewer!"
"We'll take care of it," he replied.
The trial comes just months before parliamentary elections due in March, which could see Wilders' Freedom Party emerge as the largest party. An Oct. 5 poll of polls had the Freedom Party narrowly behind the Liberal Party of Prime Minister Mark Rutte, who will be seeking his third term at the elections.
The court said Friday that previous cases in European courts have established that politicians must be given a wide-ranging freedom of expression, but at the same time should "avoid public statements that feed intolerance. Where the border lies between the two will be debated in this Dutch trial."
The court also rejected Wilders' argument that he should not be prosecuted now as he had not been prosecuted in the past for similar statements about Moroccans.
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